Imágenes de páginas
PDF
EPUB

just and lawful for his Sacred Royal Majesty of Portugal again to prohibit the woollen cloths, and the rest of the British woollen manufactures.

3. The most excellent Lords the plenipotentiaries promise, and take upon themselves, that their above named masters shall ratify this treaty, and that within the space of 2 months the ratifications shall be exchanged.

Given at Lisbon, the 27th of December, 1703.

JOHN METHUEN.

MARCHIS ALEGRETENSIS.

Treaty of Commerce and Navigation between Great Britain and Portugal, signed at Rio de Janeiro, the 19th of February, 1810.

1. Peace established.

2. There shall be reciprocal liberty of commerce and navigation between the respective subjects of the 2 high contracting parties, in all the territories and dominions of either. They may trade, travel, sojourn, or establish themselves, in all the ports, cities, towns, countries, provinces, or places whatsoever, belonging to each of the 2 high contracting parties, except in those from which all foreigners whatso ever are generally and positively excluded, the names of which places may be hereafter specified in a separate article of this treaty. Provided, however, that it be thoroughly understood that any place belonging to either of the two high contracting parties, which may hereafter be opened to the commerce of the subjects of any other country, shall thereby be considered as equally opened, and upon cor. respondent terms, to the subjects of the other high contracting party, in the same manner as if it had been expressly stipulated by the present treaty. And his Britannic Majesty, and his Royal Highness the Prince Regent of Portugal, do hereby bind themselves not to grant any favour, privilege, or immunity in matters of commerce and navigation, to the subjects of any other state, which shall not be also at the same time respectively extended to the subjects of the high contracting parties, gratuitously, if the concession in favour of that other state should have been gratuitous, and on giving, quam proximè, the same com pensation or equivalent, in case the concession should have been conditional.

S. The subjects of the 2 sovereigns respectively shall not pay, in the ports, harbours, roads, cities, towns, or places whatsoever, belonging to either of them, any greater duties, taxes, or imposts (under whatsoever names they may be designated or included), than those that are paid by the subjects of the most favoured nation; and the subjects of each of the high contracting parties shall enjoy, within the dominions of the other, the same rights, privileges, or exemptions, in matters of commerce and navi. gation, that are granted, or may hereafter be granted, to the subjects of the most favoured nation.

4. His Britannic Majesty and his Royal Highness the Prince Regent of Portugal do agree, that there shall be a perfect reciprocity on the subject of the duties and imposts to be paid by the vessels of the high contracting parties, within the several ports and anchoring places belonging to each of them; to wit, that the vessels or the subjects of his Britannic Majesty shall not pay any higher duties or imposts (under whatsoever name they be designated or implied), within the dominions of his Royal Highness the Prince Regent of Portugal, than the vessels belonging to the subjects of his Royal Highness the Prince Regent of Portugal shall be bound to pay within the dominions of his Britannic Majesty, and vice versa. And this agreement shall particularly extend to the payment of the duties known by the name of Port Charges, Tonnage and Anchorage Duties, which shall not, in any case, or under any pretext, be greater for British vessels within the dominions of Portugal, than for Portuguese vessels within the dominions of his Britannic Majesty, and vice versa.

5. The 2 high contracting parties do also agree, that the same rates of bounties and drawbacks shall be established in their respective ports upon the exportation of goods, whether those goods be exported in British or Portuguese vessels; that is, that British vessels shall enjoy the same favour in this respect, within the dominions of Portugal, that may be shown to Portuguese vessels within the dominions of his Britannic Majesty, and vice versa. The 2 high contracting parties do also agree, that goods coming respectively from the ports of either of them, shall pay the same duties, whether imported in British or Portuguese vessels; or otherwise, that an increase of duties may be imposed upon goods coming into the ports of the dominions of Portugal from those of his Britannic Majesty in British ships, equivalent, and in exact proportion, to any increase of duties that may hereafter be imposed upon goods coming into the ports of his Britannic Majesty from those of his Royal Highness the Prince Regent of Portugal, imported in Portuguese ships. And in order that this matter may be settled with due exactness, and that nothing may be left undetermined concerning it, it is agreed, that Tables shall be drawn up by each government, respectively, specifying the difference of duties to be paid on goods so imported; and the Tables (which shall be made applicable to all the ports within the respective dominions of each of the contracting parties) shall be adjudged to form part of this present treaty.

In order to avoid any differences or misunderstandings with respect to the regulations which may respectively constitute a British or Portuguese vessel, the high contracting parties agree in declaring, that all vessels built in the dominions of his Britannic Majesty, and owned, navigated, and registered according to the laws of Great Britain, shall be considered as British vessels; and that all vessels built in the countries belonging to Portugal, or ships taken by any of the vessels of war belonging to the Portuguese government, or any of the inhabitants of the dominions of Portugal, having commissions or letters of marque and reprisal from the government of Portugal, and condemned as lawful prize in any court of admiralty of the Portuguese government, and owned by the subjects of his Royal Highness the Prince Regent of Portugal, and whereof the master and 3-4ths of the mariners, at least, are subjects of his Royal Highness the Prince Regent of Portugal, shall be considered as Portuguese vessels.

6. The mutual commerce and navigation of the subjects of Great Britain and Portugal, respectively, in the ports and seas of Asia, are expressly permitted, to the same degree as they have heretofore been allowed by the 2 Crowns: and the commerce and navigation thus permitted, shall be placed on the footing of the commerce and navigation of the most favoured nation trading in the ports and seas of Asia; that is, that neither of the high contracting parties shall grant any favour or privilege in matters of commerce and navigation to the subjects of any other state trading within the ports and seas of Asia, which shall not be also granted, quam proximè, on the same terms, to the subjects of the other contracting party. His Bitannic Majesty engages not to make any regulation which may be prejudicial or inconvenient to the commerce and navigation of the subjects of his Royal Highness the Prince Regent of Portugal within the ports and seas of Asia, to the extent which is or may hereafter be permitted to the most favoured nation. And his Royal Highness the Prince Regent of Portugal does also engage not to make any regulations which may be prejudicial or inconvenient to the commerce and navigation of the subjects of his Britannic Majesty within the ports, seas, and dominions opened to them by virtue of the present treaty.

13. Packets shall be established for the purpose of furthering the public service of tne 2 courts, and facilitating the commercial intercourse of their respective subjects. A convention shall be concluded forthwith on the basis of that which was signed at Rio de Janeiro, on the 14th day of September, 1808, in order to settle the terms upon which the packets are to be established, which convention shall be ratified at the same time with the present treaty.

15. All goods and articles whatsoever of the produce, manufacture, industry, or invention of the dominions and subjects of his Britannic Majesty, shall be admitted into all the ports and dominions of his Royal Highness the Prince Regent of Portugal, as well in Europe as in America, Africa, and Asia, whether consigned to British or Portuguese subjects, on paying, generally and solely, duties to the amount of 15 per cent, according to the value which shall be set upon them by a tariff or Table of valuations, called in the Portuguese language pauta, the principal basis of which shall be the sworn invoice cost of

the aforesaid goods, merchandises, and articles, taking also into consideration (as far as may be just or practicable) the current prices thereof in the country into which they are imported. This tariff or valuation shall be determined and settled by an equal number of British and Portuguese merchants of known integrity and honour, with the assistance, on the part of the British merchants, of his Britannic Majesty's consul general, or consul; and on the part of the Portuguese merchants, with the assistance of the superintendant, or administrator general of the customs, or of their respective deputies. And the aforesaid tariff shall be made and promulgated in each of the ports belonging to his Royal Highness the Prince Regent of Portugal, in which there are or may be Custom-houses. And it shall be revised and altered if necessary, from time to time, either in the whole, or in part, whenever the subjects of his Britannic Majesty, resident within the dominions of his Royal Highness the Prince Regent of Portugal, shall make a requisition to that effect through the medium of his Britannic Majesty's consul general, or consul, or whenever the trading and commercial subjects of Portugal shall make the same requisition on their own part.

If any British goods should hereafter arrive in the ports of the Portuguese dominions without having been specifically valued and rated in the new tariff or pauta, they shall be admitted on paying the same duties of 15 per cent. ad valorem, according to the invoices of the goods, which shall be duly presented and sworn to by the parties importing the same. And in case that any suspicion of fraud, or unfair prac tices, should arise, the invoices shall be examined, and the real value of the goods ascertained by a reference to an equal number of British and Portuguese merchants of known integrity and honour; and in case of a difference of opinion amongst them, followed by an equality of votes upon the subject, they shall then nominate another merchant, likewise of known integrity and honour, to whom the matter shall be ultimately referred, and whose decision thereon shall be final and without appeal. And in case the invoice should appear to have been fair and correct, the goods specified in it shall be admitted, on paying the duties above mentioned of 15 per cent.; and the expenses, if any, of the examination of the invoice, shall be defrayed by the party who called its fairness and correctness into question. But if the invoice should be found to be fraudulent and unfair, then the goods and merchandises shall be bought up by the officers of the customs on the account of the Portuguese government, according to the value specified in the invoice, with an addition of 10 per cent, to the sum so paid for them by the officers of the customs, the Portuguese government engaging for the payment of the goods so valued and purchased by the officers of the customs within the space of 15 days; and the expenses, if any, of the examination of the fraudulent invoice shall be paid by the party who presented it as just and fair.

17. Articles of military and naval stores brought into the ports of his Royal Highness the Prince Regent of Portugal, which the Portuguese government may be desirous of taking for its own use, shall be paid for without delay at the prices appointed by the proprietors, who shall not be compelled to sell such articles on any other terms.

If the Portuguese government shall take into its own care and custody any cargo, or part of a cargo, with a view to purchase, or otherwise, the Portuguese government shall be responsible for any damage or injury that the same may receive while in the care and custody of the officers of the Portuguese government.

18. His Royal Highness the Prince Regent of Portugal is pleased to grant to the subjects of Great Britain the privilege of being assignantes for the duties to be paid in the Custom-houses of his Royal Highness's dominions, on the same terms, and on giving the same security, as are required from the subjects of Portugal

On the other hand, the subjects of the Crown of Portugal shall receive, as far as it may be just or legal, the same favour in the Custom-houses of Great Britain as is shown to the natural subjects of his Britannic Majesty

19. His Britannic Majesty does promise and engage, that all goods and articles whatsoever, of the produce, manufacture, industry, or invention of the dominions or subjects of the Prince Regent of Portugal, shall be admitted into the ports and dominions of his Britannic Majesty, on paying generally and only the same duties that are paid upon similar articles by the subjects of the most favoured nation.

If any reduction of duties should take place exclusively in favour of British goods imported into the dominions of Portugal, an equivalent reduction shall take place on Portuguese goods and merchandises imported into his Britannic Majesty's dominions, and vice versa; the articles upon which such equiva lent reduction is to take place being settled by previous concert and agreement between the 2' high contracting parties.

It is understood, that any such reduction so granted by either party to the other, shall not be granted afterwards (except upon the same terms and for the same compensation) in favour of any other state or nation whatsoever. And this declaration is to be considered as reciprocal on the part of the 2 high contracting parties.

20. But as there are some articles of the growth and production of Brazil, which are excluded from the markets and home consumption of the British dominions, such as sugar, coffee, and other articles similar to the produce of the British colonies; his Britannic Majesty, willing to favour and protect (as much as possible) the commerce of the subjects of his Royal Highness the Prince Regent of Portugal, consents and permits that the said articles, as well as all others the growth and produce of Brazil, and all other parts of the Portuguese dominions, may be received and warehoused in all the ports of his dominions, which shall be by law appointed to be warehousing ports for those articles, for the purpose of re-exportation, under due regulation, exempted from the greater duties with which they would be charged were they destined for consumption within the British dominions, and liable only to the reduced duties and expenses on warehousing and re-exportation.

21. In like manner, notwithstanding the general privilege of admission thus granted in the 15th article of the present treaty by the Prince Regent of Portugal, in favour of all goods the produce and manufacture of the British dominions, his Royal Highness reserves to himself the right of imposing heavy, and even prohibitory duties on all articles known by the name of British East Indian Goods and West Indian Produce, such as sugar and coffee, which cannot be admitted for consumption in the Portuguese dominions, by reason of the same principle of colonial policy which prevents the free admission into the British dominions of corresponding articles of Brazilian produce.

But his Royal Highness the Prince Regent of Portugal consents that all the ports of his dominions, where there are or may be Custom houses, shall be free ports for the reception and admission of all articles whatsoever, the produce and manufacture of the British dominions, not destined for the consumption of the place at which they may be received or admitted, but for re-exportation, either for other ports of the dominions of Portugal, or for those of other states. And the articles thus received and admitted (subject to due regulations) shall be exempted from the duties with which they would be charged, if destined for the consumption of the place at which they may be landed or warehoused, and liable only to the same expenses that may be paid by articles of Brazilian produce received and warehoused for re-exportation in the ports of his Britannic Majesty's dominions.

22. His Royal Highness the Prince Regent of Portugal is pleased to declare the port of St. Catherine to be a Free Port, according to the terms mentioned in the preceding article of the present treaty.

23. His Royal Highness the Prince Regent of Portugal is pleased to render Goa a Free Port, and to permit the free toleration of all religious sects whatever in that city and its dependencies.

24. All trade with the Portuguese possessions situated upon the eastern coast of the continent of Africa (in articles not included in the exclusive contracts possessed by the Crown of Portugal) which may have been formerly allowed to the subjects of Great Britain, is confirmed and secured to them now, and for evor, in the same manner as the trade which has hitherto been permitted to Portuguese, subjects in

the ports and seas of Asia is confirmed and secured to them by virtue of the 6th article of the present treaty.

25. His Britannic Majesty consents to waive the right of creating factories or incorporated bodies of British merchants, within the dominions of Portugal: provided, however, that this shall not deprive the subjects of his Britannic Majesty, residing within the dominions of Portugal, of the full enjoyment, as individuals engaged in commerce, of any of those rights and privileges which they did or might possess as members of incorporated commercial bodies; and also that the commerce and trade carried on by British subjects shall not be restricted, or otherwise affected, by any commercial company whatever, possessing exclusive privileges and favours within the dominions of Portugal. And his Royal Highness the Prince Regent of Portugal does also engage, that he will not permit that any other nation or state shall possess factories or incorporated bodies of merchants within his dominions, so long as British factories shall not be established therein.

26. The two high contracting parties agree, that they will forthwith proceed to the revision of all other former treaties subsisting between the 2 Crowns, for the purpose of ascertaining what stipulations contained in them are, in the present state of affairs, proper to be continued or renewed.

It is agreed that the stipulations contained in former treaties concerning the admission of the wines of Portugal on the one hand, and the woollen cloths of Great Britain on the other, shall at present remain unaltered. In the same manner it is agreed, that the privileges and immunities granted by either contracting party to the subjects of the other, whether by treaty, decree, or alvara, shall remain unaltered, except the power granted by former treaties, of carrying in the ships of either country goods of any description whatever, the property of the enemies of the other country, which power is now mutually and publicly renounced and abrogated.

27. The reciprocal liberty of commerce and navigation, declared by the present treaty, shall be considered to extend to all goods whatsoever, except those articles the property of the enemies of either power, or contraband of war.

28. Under the name of contraband or prohibited articles shall be comprehended not only arms, cannon, arquebusses, mortars, petards, bombs, grenades, saucisses, carcasses, carriages for cannon, musket-rests, bandoliers, gunpowder, match, saltpetre, ball, pikes, swords, head pieces, helmets, cuirasses, halberts, javelins, holsters, belts, horses, and their harness, but generally all other articles that may have been specified as contraband in any former treaties concluded by Great Britain or by Portugal with other powers. But goods which have not been brought into the form of warlike instruments, or which cannot become such, shall not be reputed contraband, much less such as have been already wrought and made up for other purposes, all which shall be deemed not contraband, and may be freely carried by the subjects of both sovereigns, even to places belonging to an enemy, excepting only such places as are besieged, blockaded or invested by sea or land.

29. In case any vessels of war, or merchantmen, should be shipwrecked on the coasts of either of the high contracting parties, all such parts of the vessels, or of the furniture or appurtenances thereof, as also of goods as shall be saved, or the produce thereof, shall be faithfully restored upon the same being claimed by the proprietors or their factors duly authorised, paying only the expenses incurred in the preservation thereof, according to the rate of salvage settled on both sides (saving at the same time the rights and customs of each nation, the abolition or modification of which shall, however, be treated upon in the cases where they shall be contrary to the stipulations of the present article); and the high contracting parties will mutually interpose their authority, that such of their subjects as shall take advantage of any such misfortune may be severely punished.

SO. It is further agreed, that both his Britannic Majesty and his Royal Highness the Prince Regent of Portugal shall not only refuse to receive any pirates or sea-rovers whatsoever into any of their havens, ports, cities, or towns, or permit any of their subjects, citizens, or inhabitants, on either part, to receive or protect them in their ports, to harbour them in their houses, or to assist them in any manner what soever; but further, that they shall cause all such pirates and sea-rovers, and all persons who shall receive, conceal, or assist them, to be brought to condign punishment for a terror and example to others. And all their ships, with the goods or merchandises taken by them, and brought into the ports belonging to either of the high contracting parties, shall be seized, as far as they can be discovered, and shall be restored to the owners, or the factors duly authorised or deputed by them in writing, proper evidence being first given to prove the property, even in case such effects should have passed into other hands by sale, if it be ascertained that the buyers knew or might have known that they had been piratically taken. 31. If at any time there should arise any disagreement, breach of friendship, or rupture between the Crowns of the high contracting parties, which God forbid (which rupture shall not be deemed to exist until the recalling or sending home of their respective ambassadors and ministers), the subjects of each of the 2 parties residing in the dominions of the other, shall have the privilege of remaining and con tinuing their trade therein, without any manner of interruption, so long as they behave peaceably, and commit no offence against the laws and ordinances; and in case their conduct should render them sus pected, and the respective governments should be obliged to order them to remove, the term of 12 months shall be allowed them for that purpose, in order that they might retire with their effects and property, whether intrusted to individuals or to the state.

At the same time it is to be understood that this favour is not to be extended to those who shall act in any manner contrary to the established laws.

32. The present treaty shall be unlimited in point of duration, that the obligations and conditions expressed or implied in it shall be perpetual and immutable; and they shall not be changed or affected in any manner in case his Royal Highness the Prince Regent of Portugal should again establish the seat of the Portuguese monarchy within the European dominions of that Crown.

33. But the 2 high contracting parties do reserve to themselves the right of jointly examining and revising the several articles of this treaty at the end of 15 years, counted in the first instance from the date of the exchange of the ratifications thereof, and of then proposing, discussing, and making such amend ments or additions, as the real interests of their respective subjects may seem to require. It being un derstood that any stipulation which at the period of revision of the treaty shall be objected to by either of the high contracting parties, shall be considered as suspended in its operation until the discussion con cerning that stipulation shall be terminated, due notice being previously given to the other contracting party of the intended suspension of such stipulation, for the purpose of avoiding mutual inconvenience. 34. The several stipulations and conditions of the present treaty shall begin to have effect from the date of his Britannic Majesty's ratification thereof; and the mutual exchange of ratifications shall take place in the city of London, within the space of 4 months, or sooner if possible, to be computed from the day of the signature of the present treaty.

Done in the city of Rio de Janeiro, on the 19th day of February, in the year of our Lord 1810. CONDE DE LINHARES.

STRANGFORD.

Agreement between the British and Portuguese Commissioners, on Four Points connected with the Execution of the Treaty of 1810. Signed at London, 18th of December, 1812.

1. The official certificate of registry, signed by the proper officer of the British customs, shall be deemed sufficient to identify a British built ship; and on the production of such certificate she shall be admitted as such in any of the ports within the dominions of Portugal.

These ratifications were exchanged in London, on the 19th of June, 1810.

2. Upon the importation of any goods from the United Kingdom, into any of the ports in the dominions of Portugal, all such goods shall be accompanied by the original cockets, signed and sealed by the proper officers of the British customs at the port of shipping, and the cockets belonging to each ship shall be numbered progressively, the total number stated on the first and last cocket, by the proper officers of customs, at the final clearance of each vessel at the British port: and it is further agreed, that prior to the final clearance by the searchers at the shipping port, the cockets for each ship must be collected and fastened together, to which shall be annexed a paper, with the number of the cockets, sealed with the official seal, and signed by the searchers; the cockets, so collected, shall be produced, together with the manifest sworn to by the captain, to the Portuguese consul, who shall certify the same on the manifest; the cockets, thus secured together, and the manifest, so authenticated, to be returned to the searcher, in order to the final clearance of the ship.

S. It is agreed to place the Portuguese merchant on the same footing with the British, both with regard to the duties of scavage and package payable to the corporation of London, and the duties payable on shipping to the corporation of the Trinity House in London. To effect this, and at the same time to preserve the chartered rights of the corporation of London, and of the Trinity House, it will be necessary that those duties should, in the first instance, be paid as at present; and in all cases where it shall appear that the Portuguese merchant shall have paid more than the British, the difference to be returned without expense, in such manner as the British government shall direct.

4. The importer shall, on making the entry at the Portuguese Custom-house, sign a declaration of the value of his goods, to such amount as he shall deem proper; and in case the Portuguese examining officers should be of opinion that such valuation is insufficient, they shall be at liberty to take the goods, on paying the importer the amount, according to his declaration, with the addition of 10 per cent., and also returning the duty paid.

The amount to be paid on the goods being delivered to the Portuguese officer, which must be within 15 days from the first detention of the goods. London, 18th of December, 1812.

R. FREWIN.
WM. BURN.

A. T. SM. PAYO.
A. I. DA COSTA.

PRUSSIA.

Convention of Commerce between His Britannic Majesty and the King of Prussia, signed at London, April 2. 1824.

Article 1. From and after the 1st day of May next, Prussian vessels entering or departing from the ports of the United Kingdom of Great Britain and Ireland, and British vessels entering or departing from the ports of his Prussian Majesty's dominions, shall not be subject to any other or higher duties or charges whatever, than are or shall be levied on national vessels entering or departing from such ports respectively.

2. All articles of the growth, produce, or manufacture of any of the dominions of either of the high contracting parties, which are or shall be permitted to be imported into or exported from the ports of the United Kingdom and of Prussia, respectively, in vessels of the one country, shall, in like manner, be permitted to be imported into and exported from those ports in vessels of the other.

3. All articles not of the growth, produce, or manufacture of the dominions of his Britannic Majesty, which can legally be imported from the United Kingdom of Great Britain and Ireland, into the ports of Prussia, in British ships, shall be subject only to the same duties as are payable upon the like articles it imported in Prussian ships; and the same reciprocity shall be observed in the ports of the United King dom, in respect to all articles not the growth, produce, or manufacture of the dominions of his Prussian Majesty, which can legally be imported into the ports of the United Kingdom in Prussian ships.

4. All goods, which can legally be imported into the ports of either country, shall be admitted at the same rate of duty, whether imported in vessels of the other country, or in national vessels; and all goods which can be legally exported from the ports of either country, shall be entitled to the same bounties, drawbacks, and allowances, whether exported in vessels of the other country, or in national vessels.

5. No priority or preference shall be given, directly or indirectly, by the government of either country, or by any company, corporation, or agent, acting on its behalf, or under its authority, in the purchase of any article, the growth, produce, or manufacture of either country, imported into the other, on account of, or in reference to, the character of the vessel in which such article was imported; it being the true intent and meaning of the high contracting parties, that no distinction or difference whatever shall be made in this respect.

6. The present convention shall be in force for the term of 10 years from the date hereof; and further, until the end of 12 months after either of the high contracting parties shall have given notice to the other of its intention to terminate the same; each of the high contracting parties reserving to itself the right of giving such notice to the other, at the end of the said term of 10 years: and it is hereby agreed between them, that, at the expiration of 12 months after such notice shall have been received by either party from the other, this convention, and all the provisions thereof, shall altogether cease and determine.

7. The present convention shall be ratified, and the ratifications shall be exchanged at London, within 1 month from the date hereof, or sooner if possible.

In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.

Done at London, the second day of April, in the year of our Lord one thousand eight hundred and twenty-four. GEORGE CANNING. W. HUSKISSON, WERTHER.

An order in council, dated May 25. 1824, directs that from May 1. 1824, Prussian vessels entering or departing from the ports of the United Kingdom of Great Britain and Ireland, shall not be subject to any other or higher duties or charges whatever than are or shall be levied on British vessels entering or departing from such ports; that all articles of the growth, produce, or manufacture of any of the dominions of his Prussian Majesty, which are or shall be permitted to be imported into or exported from the ports of the United Kingdom of Great Britain and Ireland in British vessels, shall, in like manner, be permitted to be imported into and exported from the said ports in Prussian vessels; that all articles not of the growth, produce, or manufacture of the dominions of his Prussian Majesty, which can legally be imported from Prussia into the ports of the United Kingdom in Prussian vessels, shall be subject only to the same. duties as are payable upon the like articles if imported in British ships; that all goods which can legally be imported into the ports of the United Kingdom, shall be admitted at the same rate of duty, when im ported in Prussian vessels, that is charged on similar articles imported in British vessels; and that all goods which can be legally exported from the ports of the United Kingdom, shall be entitled to the same bounties, drawbacks, and allowances, when exported in Prussian vessels, that are granted, paid, or allowed on similar articles when exported in British vessels.

A Treasury letter, dated October 13. 1824, directs, that with respect to pilotage and all other duties charged on vessels belonging to Prussia, Sweden, and Norway, Denmark, Hanover, and Hamburgh, which have entered, or which may enter, the ports of the United Kingdom, either from stress of weather or from any other causes, it was the intention of the Lords of the Committee of Privy Council for Trade, that such dues should not be higher than are charged upon British vessels, and that it is only to the case of goods imported into this kingdom, and not brought direct from the country to which the vessel belongs, that the equality of duty does not apply.

An order in council, dated May 3. 1823, states, that his Majesty is pleased to declare, that the ships of and belonging to the dominions of his Majesty the King of Prussia are entitled to the privileges granted by the law of navigation, and may import from the dominions of his Majesty the King of Prussia, into any of the British possessions abroad, goods the produce of such dominions, and may export goods from such British possessions abroad, to be carried to any foreign country whatever.

RUSSIA.

Convention between His Britannic Majesty and the Emperor of Russia, signed at Petersburgh in February, 1825.

Article 1. It is agreed that the respective subjects of the high contracting parties shall not be troubled or molested, in any part of the ocean commonly called the Pacific Ocean, either in navigating the same, in fishing therein, or in landing at such parts of the coast as shall not have been already occupied, in order to trade with the natives, under the restrictions and conditions specified in the following articles.

2. In order to prevent the right of navigating and fishing, exercised upon the ocean by the subjects of the high contracting parties, from becoming the pretext for an illicit commerce, it is agreed that the subjects of his Britannic Majesty shall not land at any place where there may be a Russian establishment, without the permission of the governor or commandant; and, on the other hand, that Russian subjects shall not land, without permission, at any British establishment on the north-west coast.

3. The line of demarcation between the possessions of the high contracting parties, upon the coast of the continent, and the islands of America to the north-west, shall be drawn in the manner following:Commencing from the southernmost point of the island called Prince of Wales Island, which point lies in the parallel of 54 degrees 40 minutes north latitude, and between the 131st and 133d degree of west longitude (meridian of Greenwich), the said line shall ascend to the north along the channel, as far as the point of the continent where it strikes the 56th degree of north latitude; from this last mentioned point, the line of demarcation shall follow the summit of the mountains situated parallel to the coast, as far as the point of intersection of the 141st degree of west longitude (of the same meridian); and, finally, from the said point of intersection, the said meridian line of the 141st degree, in its prolongation as far as the Frozen Ocean, shall form the limit between the Russian and British possessions on the continent of America to the north-west.

4. With reference to the line of demarcation laid down in the preceding article, it is understood; 1st. That the island called Prince of Wales Island shall belong wholly to Russia.

2d. That wherever the summit of the mountains which extend in a direction parallel to the coast, from the 56th degree of north latitude to the point of intersection of the 141st degree of west longitude, shall prove to be at the distance of more than 10 marine leagues from the ocean, the limit between the British possessions and the line of coast which is to belong to Russia, as above mentioned, shall be formed by a line parallel to the windings of the coast, and which shall never exceed the distance of 10 marine leagues therefrom.

5. It is moreover agreed, that no establishment shall be formed by either of the 2 parties, within the limits assigned by the 2 preceding articles to the possessions of the other: consequently, British sub jects shall not form any establishment either upon the coast, or upon the border of the continent comprised within the limits of the Russian possessions, as designated in the 2 preceding articles; and, in like manner, no establishment shall be formed by Russian subjects beyond the said limits.

6. It is understood, that the subjects of his Britannic Majesty, from whatever quarter they may arrive, whether from the ocean, or from the interior of the continent, shall for ever enjoy the right of navigating freely, and without any hindrance whatever, all the rivers and streams which, in their course towards the Pacific Ocean, may cross the line of demarcation upon the line of coast described in article S. of the present convention.

7. It is also understood that, for the space of 10 years from the signature of the present convention, the vessels of the 2 powers, or those belonging to their respective subjects, shall mutually be at liberty to frequent, without any hinderance whatever, all the inland seas, the gulfs, havens, and creeks, on the coast mentioned in article 3., for the purposes of fishing and of trading with the natives.

8. The port of Sitka, or Novo Archangelsk, shall be open to the commerce and vessels of British subjects for the space of 10 years from the date of the exchange of the ratifications of the present convention. In the event of an extension of this term of 10 years being granted to any other power, the like extension shall be granted also to Great Britain.

9. The above-mentioned liberty of commerce shall not apply to the trade in spirituous liquors, in fire arms or other arms, gunpowder, or other warlike stores; the high contracting parties reciprocally engaging not to permit the above-mentioned articles to be sold or delivered, in any manner whatever, to the natives of the country.

10. Every British or Russian vessel navigating the Pacific Ocean, which may be compelled, by storms or by accident, to take shelter in the ports of the parties, shall be at liberty to refit therein, to provide itself with all necessary stores, and to put to sea again, without paying any other than port and light-house dues, which shall be the same as those paid by national vessels. In case, however, the master of such vessel should be under the necessity of disposing of a part of his merchandise in order to defray his expenses, he shall conform himself to the regulations and tariffs of the place where he may have

landed.

11. In case of complaint of an infraction of the articles of the present convention, the civil and military authorities of the high contracting parties, without previously acting or taking any forcible measure, shall make an exact and circumstantial report of the matter to their respective courts, who engage to settle the same, in a friendly manner, and according to the principles of justice.

12. The present convention shall be ratified, and the ratifications shall be exchanged at London, within the space of 6 weeks, or sooner if possible.

In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.

Done at St. Petersburgh, the 28th [16th] of February, 1825.

THE TWO SICILIES.

STRATFORD CANNING.
THE COUNT DE NESSELRODE.
PIERRE DE POLETICA.

Treaty of Commerce and Navigation between His Britannic Majesty and the King of the Two Sicilies,

signed at London, September 26. 1816.

Article 1. His Britannic Majesty consents, that all the privileges and exemptions which his subjects, their commerce and shipping, have enjoyed, and do enjoy, in the dominions, ports, and domains of his Sicilian Majesty, in virtue of the treaty of peace and commerce concluded at Madrid on the 10th of May (23d of May), 1667, between Great Britain and Spain; of the treaties of commerce between the same powers, signed at Utrecht, the 9th of December, 1713, and at Madrid, the 13th of December, 1715; and of the convention concluded at Utrecht, the 8th of March, 1712-1713, between Great Britain and the kingdom of Sicily, shall be abolished; and it is agreed upon in consequence, between their said Britannic and Sicilian Majesties, their heirs and successors, that the said privileges and exemptions, whether of persons, or of flags and shipping, are and shall continue for ever abolished.

« AnteriorContinuar »